Texas 2023 - 88th Regular

Texas House Bill HB1181

Filed
1/4/23  
Out of House Committee
4/24/23  
Voted on by House
5/9/23  
Out of Senate Committee
5/17/23  
Voted on by Senate
5/19/23  
Governor Action
6/12/23  

Caption

Relating to the publication or distribution of sexual material harmful to minors on an Internet website; providing a civil penalty.

Impact

The introduction of this bill impacts the legal framework surrounding online content distribution in the state. By instituting stringent age verification processes, HB1181 not only seeks to safeguard children but also places a significant compliance burden on content providers and internet platforms. This change aligns with existing Texas laws prohibiting exposure of minors to pornography, yet it brings a more structured enforcement mechanism into the digital age, targeting internet-based distribution processes directly.

Summary

House Bill 1181 aims to enhance the protection of minors from accessing harmful sexual material on the internet by mandating that commercial entities implement reasonable age verification methods. The bill defines 'sexual material harmful to minors' comprehensively, ensuring that content deemed inappropriate according to community standards is restricted from youth access. It imposes civil penalties on entities that fail to comply, with penalties potentially reaching $10,000 per day for violations of age verification requirements, alongside additional fines if minors gain access to such material.

Sentiment

The sentiment around HB1181 was largely supportive, with numerous stakeholders, including parents and child advocacy groups, expressing approval for measures that protect children from unsuitable content. The unanimous vote in the Texas House further indicates a strong legislative commitment to child safety. However, opposition emerged primarily from advocates concerned about the implications of stringent age verification on privacy rights and the potential overreach into the rights of content publishers.

Contention

Notable points of contention include the balance between child protection and freedom of expression on the internet. Some critics argue that the age verification measures could lead to excessive monitoring and an invasion of privacy. Additionally, there are concerns about the practical challenges that smaller content providers could face in meeting the compliance demands outlined in the bill, which could inadvertently stifle free content access and entrepreneurial efforts. The debate around the bill highlights the tension between safeguarding youth and ensuring an open, unregulated internet.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 6. Governmental Exemption From Bond And Security Requirements
    • Section: New Section
    • Section: New Section
  • Chapter 129. Age Of Majority
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB2164

Similar Relating to restricting access to sexual material harmful to minors on an Internet website.

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